Opinion
August 5, 1985
Appeal from the Supreme Court, Kings County (Lombardo, J.).
Judgment affirmed.
Defendant was not deprived of his constitutional right to counsel when he was arrested and placed in a lineup without an attorney being present to represent him ( People v. Hawkins, 55 N.Y.2d 474, cert denied 459 U.S. 846; People v. Robertson, 109 A.D.2d 806).
In People v. Hawkins ( supra, p 485), the Court of Appeals expressly rejected the notion that there is a right to counsel at an investigatory lineup, conducted before the filing of an accusatory instrument, noting that there are significant differences between the active role of an attorney during interrogation and the more passive one in observing a lineup.
Defendant's remaining contentions, including those included in his pro se supplemental brief, have been considered and found to be without merit. Bracken, J.P., O'Connor, Rubin and Lawrence, JJ., concur.